Recent Blog Posts
Adultery as Grounds for Divorce
There is some confusion in the general public as to the extent that a spouse’s adultery can affect a divorce case. Television and movies often show an enraged husband or wife discovering that their partner is having an affair and yelling about how they are going to take the house and have full custody of their children. Although adultery is still frowned upon by society, it is usually irrelevant to divorce proceedings.
No-Fault State
Since the beginning of 2016, Illinois has been what is called a “pure no-fault state.” A no-fault state is one which does not require divorcing couples to report the reason or “grounds” that they are seeking the divorce. In the past, things like mental cruelty or adultery could be reported as the official reason that the marriage ended. Today, all divorcing couples in Illinois as assumed to be divorcing on the grounds of “irreconcilable differences.” More specifically, a divorce will only be granted when “irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”
What to Do If You Think Your Loved One’s Will Is Fraudulent
Imagine this scenario: Your elderly grandmother has lived with a caretaker for several years. She passes away and upon reading her will, you find that your grandmother has left all of her assets and belongings to the caretaker and none to her children or grandchildren. For many people, this would raise red flags. There are countless scenarios like this which lead to families contesting the validity of a loved one’s will.
When Should a Will Be Contested?
If you think that your loved one’s will does not accurately reflect his or her final wishes, you should contest it. Contesting the will means that you are asking the courts to deem the will invalid. Probate courts in Illinois can invalidate a will for several specific reasons. Firstly, a will can be thrown out if can be shown that the deceased person, or the decedent, was unduly influenced by someone during the will's creation. For example, in the hypothetical scenario above, the caretaker could have coerced the elderly grandmother to leave her property to him instead of her family.
Young Couples Face Unique Divorce Challenges
No matter how old or young you are, if you are married, there is the possibility that you could get divorced. Most people, however, tend to think of divorce as a reality that mostly affects couples who are relatively older. These notions may be linked to movies and television where a wandering eye or a mid-life crisis drives spouses apart when they are in their early forties or older. Divorce, however, can also become necessary for couples who are far younger, and those who get divorced in their 20s may face years of potential complications. This is especially true for 20-somethings with children.
Finding a Niche
Human beings are social creatures, and most of us derive a sense of belonging when we find a peer group where we feel comfortable. If you are recently divorced with no children, it may be relatively easy to socialize with other younger singles. If you have children, however, you may feel stuck in the middle. On one hand, our parental responsibilities may not allow to you enjoy the spontaneous, carefree lifestyle of single people your age. On the other hand, you may not feel very comfortable among other parents, especially those who might be a bit older or whose marriage is still intact. It is, however, important to avoid cutting yourself off completely from social situations. Find a sitter every now and again, and go out and a have a good time.
Communication Key to Preventing Caregiver Misunderstandings
When you hear or read the phrase “estate planning,” what comes to mind? If you are like most people, you probably think about wills or maybe trusts that are used to protect a person’s property and distribute it to the person’s heirs upon his or her death. While the protection and transfer of assets are certainly a major focus of estate planning, there are other elements that deal with the quality of a person’s life as he or she gets older. Unfortunately, many of these important subjects are uncomfortable or difficult for many people to talk about, leading to assumptions and misunderstandings that can create serious problems in the future.
Deciding on a Caregiver
Most of us are hesitant to consider a time when we are no longer able get by on our own. The reality, however, is that many of us will need someone to help us with the activities of daily living, especially as we get older. A large number of American adults assume that their children will step into the role of caregiver when the time comes. In fact, according to at least one survey, about three-fourths of parents expect at least one of their children to provide physical or financial help as they get older, and 60 percent of those parents expect to be their daughter.
The Unexpected Positive Effects of Divorce on Children
Parents who get divorced almost always share the same top concern: how will the divorce affect their children? Divorce is a deeply stressful even for children of all ages to go through. They are losing the only reality they have ever been familiar with and plunging into the unknown. However, there are also many benefits to children when their parents’ divorce, some of which may surprise you.
Decrease in Household Tension May Come as a Relief to Children
Researchers from UCLA looked at 47 studies that connected children’s experiences in tension-filled home environments to later problems in adulthood. The researchers found what many would suspect: Children that experience high levels of conflict at home had more physical, emotional, and social issues later in life compared to control groups. As adults, those who grew up in homes with intense arguments or feuding parents, were more likely to report vascular and immune problems, depression, substance abuse and addiction, loneliness, and problems with intimacy that those who did not grow up in high-conflict households. Research also shows that it is not only households with a lot of overt aggression or yelling that cause these issues for children. Stonewalling or a parent giving the other the “silent treatment” were also destructive actions with regard to children’s long-term mental health.
Beware of Online DIY Wills and Trusts
Many people realize at some point in their lives that they need to start planning for a time when they are not around. It could be the addition of a new baby in the family, retirement, or a medical crisis that spurs a person’s interest in estate planning. For those seeking the cheapest estate planning process possible, using online legal document services may seem like a good idea. Although some do use these types of products with success, relying on an online service to plan your final affairs can be a risky move.
Do Not Be Fooled By a Professional-Appearing Website
Online legal document services may appear to offer the same benefits as a law firm, but they do not. These types of services do not hire attorneys, but instead “document assistants”—individuals who do not have nearly the extensive education and training an attorney has. A document assistant cannot help you choose the best legal option for your unique estate circumstances or warn you if you are making a grave mistake while creating your plans. Because the people involved in these online service websites are not lawyers, they cannot give you legal advice of any kind. In fact, the websites cannot even promise that legal documents drafted though the service will be valid or that there will be a usable result from the time, effort, or money spent on these online services.
How to Survive a High-Conflict Divorce
Upon reading the title to this blog post, you may be thinking to yourself that all divorces are high in conflict. This is certainly true. Divorce is the second-most stressful life even a person can endure and it often brings out the worst in people. However, although many who divorce have feelings of resentment, guilt, or anger, they are still willing to work toward a common goal. In high-conflict divorces, one or both spouses are not willing to work together and instead work to tear each other down. In this type of divorce, a couple engages in hostile confrontation instead of legal negotiation about the issues at hand. This can be nearly unbearable for a spouse who actually does want to reach conclusions about spousal support, child support, parenting time, or property division.
Reasons to Hope
If you are currently experiencing a high conflict divorce, or you might be in the future, know that there is light at the end of the tunnel. While there is no way that you can change how you spouse reacts to a divorce, you can change yourself. There are a few guidelines that experts suggest can help spouses manage high-conflict divorces and reach the conclusion they desire.
Avoid These Costly Estate Planning Pitfalls
The true purpose of estate planning is to protect your assets and to provide for your family- even after you pass away. Planning for your future now can save your loved ones months of frustration and uncertainty in the future. There exists some misinformation regarding estate planning, and this can lead to mistakes. Those who are not aware of all their estate planning choices and the benefits and drawbacks of each choice may not be informed enough to avoid these common missteps.
Overlooking Living Trusts
Assuming that a last will and testament is the best choice for distributing assets after death is a common oversight. Although a will is more common, a revocable living trust may be the better option for some. A revocable living trust is a legal arrangement created to hold ownership of an individual's assets—similar to a will. However, assets left through a living trust do not have to pass through probate, which is the court system designed to prove the validity of a will. Probate can be lengthy and also makes the content of a will public information. The information contained in living trusts does not have to go through probate and stays private.
Poor Money Management Often Leads to Divorce
There are many reasons why a couple’s marriage may break down. In some cases, the two spouses simply got married before they were ready for the commitment. Other times, one of the spouses is unfaithful and causes hardship in the marriage through his or her infidelity. However, one of the biggest causes of marital stress is money. Couples argue about whether to spend or save money, what to spend it one, or how their money should be managed.
Financial Stress Causes Friction in Relationships
A study conducted by the American Psychological Association found that about 75 percent of Americans are experiencing financial stress at least some of the time. Furthermore, almost a quarter of U.S residents are experiencing extreme financial stress. Couples do not have to be living paycheck to paycheck to experience this stress. Many financially-secure couples also experience the stress of not knowing which money decisions are right for them and their family.
How Younger Parents Can Benefit from Estate Planning
Although it is not necessarily a pleasant thought, even young parents who are in good health should not hesitate to start creating an estate plan. Parents of minor children need to plan for the possibility that they may pass away before their children reach adulthood. Because those under 18 years of age do not have the legal standing or rational thinking ability to make decisions about their care and finances, an adult must act on their behalf.
When parents of minor children create an estate plan, two of the concerns they should address are who will be the guardian of their children should they pass away and who will manage their children’s assets. By planning for the worst, parents can have the peace of mind knowing that if something ever happened to them, their children would be raised and cared for by individuals that the parent’s themselves selected.
Planning for the Future
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